In an important development in the fake degree case of Islamabad High Court (IHC) judge Justice Tariq Mehmood Jahangiri, the IHC on Tuesday barred the judge from working until the Supreme Judicial Council gave its verdict in the case.
A two-member bench, comprising Chief Justice Sardar Sarfaraz Dogar and Justice Azam Khan, gave the order.
The court also appointed two amici curiae for court’s assistantance in the case, namely Barrister Zafarullah Khan and former attorney-general of Pakistan Ashtar Ausaf.
The bench also issued a notice to the attorney-general of Pakistan to assist the court in deciding whether the case was admissible for the hearing.
Speaking on the occasion, Member Islamabad Bar Council Aleem Abbasi said that the Bar had reservations over the petition, seeking the removal of the judge for possessing a fake degree. “The forum of the Supreme Judicial Council already exists to hear complaints against judges,” he said, and added, “If such petitions are admitted for the hearing, this will set a dangerous precedent.”
He requested the court to retain the objections to the petition.
At that moment, counsel for the Islamabad Bar Association said that he wanted to say something.
But the CJ said that it did not look appropriate to listen to his viewpoint unless a notice was issued to Justice Jahangiri.
He added that the bench was trying to figure out what it could do in the case.
Later, the bench, while accepting the petitioner Mian Daud’s plea, adjourned the case’s hearing.
On the other hand, as per the new duty roster issued by the high court, Justice Jahangiri is not included in any of the benches.
The petition, filed under Article 199 of the Constitution, sought a writ of quo warranto (by what authority) against Justice Jahangiri, arguing that his foundational qualification for judicial office — an LLB degree from the University of Karachi — is “invalid”, thereby rendering his entire legal career and subsequent appointment illegitimate.
In his petition, the petitioner challenged Justice Jahangiri’s appointment under Article 199 of the Constitution through a writ of quo warranto. The writ of quo warranto is primarily based on the 1998 Supreme Court judgment in Justice Sajjad Ali Shah case.
The petition claimed that Justice Jahangiri’s appointment is unconstitutional due to an allegedly invalid degree and requested that his appointment be declared null and void. The petitioner also requested to probe his ‘fake law degree’ as he contended in the petition that the law degree by which Justice Jahangiri got qualified for his professional responsibility was fake.
According to the writ petition, there was concrete evidence that Justice Jahangiri’s degree was fake as he was attaching documents and evidence of forgery.
He urged the court for a complete probe of the matter from the concerned authorities as he further contended that fake degree issue was undermining the integrity of the judiciary. The petitioner sought judicial intervention to deal with counterfeiting and its consequences.
The petition was initially filed last year and former IHC CJ Aamer Farooq had reserved judgement on the preliminary issue of whether the petition was maintainable.
Reporter Ehtesham Kiyani